Publications

The execution of sanctions is the final piece that closes the entire process of adjudication in criminal procedure. The lack of proper sanctions enforcement through a clear, understandable and fair procedure, the incomplete legal framework, as well as the inconsistent practice of the courts at the four appellate regions in North Macedonia, contributes to the negative public perception, especially in “high profile” cases. The Mission, in cooperation with the national Judges’ Association and the Skopje Basic Criminal Court, developed an Analysis of the practical problems of the procedure for execution of sanctions, addressing the legislative gaps and providing concrete legislative solutions. The Analysis includes diverse court practices from the appellate regions and recommends practical approaches to overcome certain challenges. Not available in English.

During the implementation of the current LCP, during trial monitoring activities and over discussion with national legal practitioners, it became obvious that one of the weaknesses among legal practitioners is the adequate use of expert opinions, expert witnesses and technical advisors as a tool for representing facts as evidence in Court, and their effective, efficient and financially justified conduct in accordance with the rules and principles of the national criminal procedure. The Law on Expertise, as lex specialis needs to be understood in the context of the LCP and the purpose of the expert witnesses during a criminal case trial. Therefore, the OSCE Mission to Skopje supported the drafting of this Guidebook for legal practitioners including positive and negative examples from the national court practice, ECtHR jurisprudence and additional elaborations of the novelties in the Law on Expertise.

A factsheet on ODIHR's activities in Ukraine

The mandate of the OSCE Presence in Albania is to promote democratization, the rule of law, and human rights as well as to consolidate democratic institutions in line with OSCE principles, standards and commitments.

The Manual is designed as a tool for professional enhancement through improvement of legal writing skills for Administrative Court judges and judicial advisors and assistants. It presents rules and regulations on writing legal decisions and documents. It also focuses on legal writing of judgments with detailed explanations and presentations of all constituent parts of a judgment, as well as presentations of different types of judgments. The Manual is available in Serbian language.

The publication comprises the internal and external assessments of the activities and the structure of the Academy for Judges and Public Prosecutors (AJPP). The internal assessment is focused on evaluating the decision-making processes, the management bodies, and the structure of the employees. This also includes the assessment of the training needs of management bodies and the employees of the AJPP, to raise their knowledge about diversity and gender equality. The analysis of the external activities assesses whether diversity and gender equality are included in the overall training conducted at the AJPP, including the bylaws for initial and continuous education and training, as well as the annual curriculums.

In 2017, the OSCE Mission to Bosnia and Herzegovina began systematically monitoring and assessing the prosecution and adjudication of corruption and organized crime in Bosnia and Herzegovina. Based on this monitoring, the Mission determined that the failure by judicial institutions to repress corruption and organized crime effectively has led to a state of de facto impunity. This remains one of the most salient and pressing issues affecting BiH, as corruption and organized crime threaten long-term stability and prosperity in BiH and the broader region.

The OSCE Mission to Bosnia and Herzegovina (Mission) monitors and reports on domestic war crimes proceedings to provide an objective and accurate assessment of the capacity and willingness of the judicial system to investigate, prosecute and adjudicate war crimes in an effective, human rights compliant and expedient manner. In addition, the Mission has begun increasing its focus on transitional justice as an essential complement to judicial proceedings. Related Mission programming includes capacity-building, promoting transparency, targeted advocacy and technical support.

As a core element of its rule of law programming, the OSCE Mission to Bosnia and Herzegovina is committed to strengthening the overall justice sector in Bosnia and Herzegovina. In encouraging the effective implementation of relevant criminal justice reforms, the Mission aims to promote judicial independence and equality before the law while enhancing public confidence in the judiciary.

To ensure the equality of everyone before the law, protect fair trial rights, and secure justice for victims, the judicial system in Bosnia and Herzegovina (BiH) must demonstrate both the political will and the capacity to investigate, prosecute and adjudicate complex and serious crimes efficiently and effectively. In light of this, the OSCE Mission to Bosnia and Herzegovina (Mission), per its mandate under the General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement, implements its extensive rule of law programming to safeguard the strength, impartiality, and independence of the judiciary in BiH.